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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00170 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT AMIGOS TOGETHER FOR KIDS, INC. ("AMIGOS"), A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER SCHOOL TUTORING, COUNSELING, COMPUTER EDUCATION, INSTRUCTION AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, EDUCATIONAL, AND RECREATIONAL ACTIVITIES (COLLECTIVELY, "SERVICES") AT JOSE MARTI PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT FOR ONGOING COMPLIANCE WITH PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED ("IRS CODE") AND CERTAIN UNITED STATES TREASURY REGULATIONS PROMULGATED THEREUNDER ("U.S. TREASURY REGULATIONS"), IN FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH AMIGOS TO CONTINUE THE SERVICES, FOR THE CONTRACT PERIOD COMMENCING MAY 12 , 2014 THROUGH MAY 11, 2017, WITH THE OPTION TO RENEW FOR UP TO TWO (2) CONSECUTIVE THREE(3) YEAR PERIODS, UNDER THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUCH FURTHER ALTERATIONS, VARIATIONS, MODIFICATIONS, EXTENSIONS, RENEWALS, OR WAIVERS THAT DO NOT EXCEED THE AMOUNT PAYABLE AND DO NOT CHANGE THE LENGTH OF THE EFFECTIVE TERM, IN ORDER TO COMPLY WITH IRS CODE AND U.S. TREASURY REGULATION PROVISIONS. WHEREAS, the City of Miami ("City") has previously entered into agreements with Amigos Together for Kids, Inc. ("AMIGOS") a Florida not -for -profit organization, to provide after school tutoring, counseling, computer education, instruction and program management, family events, cultural, educational, and recreational activities (collectively, "Services") at Jose Marti Park; and WHEREAS, although AMIGOS periodically has received funding through the City and The Children's Trust to provide after school services for youth at Jose Marti Park, AMIGOS also through donations has provided other family events, cultural, educational, and recreation activities free and open to the public, has provided donations and in -kind services for improvements to the facilities, and has paid the City one dollar ($1.00) per month for the use of the facilities to provide the Services free of charge to the community; and City of Miami Page 1 of 3 File Id: 14-00170 (Version: 1) Printed On: 4/15/2014 File Number: 14-00170 WHEREAS, the City's Department of Parks and Recreation has recommended and found that AMIGOS is the most qualified firm to continue to provide said Services at Jose Marti Park; and WHEREAS, the City Manager has approved the recommendations and findings of the Department of Parks and Recreation, and has made recommendations and findings that pursuant to Section 18- 86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods and procedures are not practicable or advantageous for obtaining said Services, and has recommended to the City Commission that the recommendations and findings be adopted and that competitive bidding methods and procedures be waived; and WHEREAS, the City's public facilities at Jose Marti Park from time to time have been constructed and improved with funding from various City and Miami -Dade County tax-exempt bond funds, which require ongoing compliance with the provisions of the Internal Revenue Code of 1986, as amended ("IRS Code") and United States Treasury Regulations promulgated thereunder ("U.S. Treasury Regulations"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's findings and recommendations that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Section 18-86(a)(3)(c) of the City Code, waiving the requirements for said procedures, is ratified, approved and confirmed and the City's Department of Parks and Recreation's recommendations and findings that AMIGOS is the most qualified firm to continue to provide the Services at Jose Marti Park, is approved. Section 3. The City Manager is authorized to {1} negotiate and execute a Parks and Recreation Services Agreement for ongoing compliance with the provisions of the IRS Code and U.S. Treasury Regulations, in a form acceptable to the City Attorney and Bond Counsel, with AMIGOS to continue to provide said after school services for the contract period commencing May 12, 2014 through May 11, 2017, with the option to renew for two (2) consecutive three (3) year periods, under the same terms and conditions. Section 4. The City Manager is further authorized to {1} negotiate and execute, in a form acceptable to the City Attorney and Bond Counsel, such further alterations, variations, modifications, extensions, renewals, or waivers that do not exceed the amount payable and do not change the length of the effective term, in order to comply with IRS Code and the U.S. Treasury Regulation provisions. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY City of Miami Page 2 of 3 File Id: 14-00170 (Version: 1) Printed 0,1: 4/15/2014 File Number: 14-00170 Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 14-00170 (Version: 1) Printed On: 4/15/2014